Defraites v. State Farm Mutual Automobile Insurance Co.

hi agree with the majority that De-fraites failed to escape the Defraites I effects. However, I respectfully concur with the majority’s reasons in the following respects:

First, the majority finds that typicality is not met because the court must make individualized fact determinations, including whether the State Farm insured was at fault in the accident — one of the factors cited in Defraites I as requiring individualized assessments. Defraites I, 03-1081 at 12, 864 So.2d at 262. I disagree with the majority’s suggestion that all of the issues herein were within the rulings of Defraites I.…